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HomeMy WebLinkAboutJamey Clark, Inc. - 2024-07-01 (2) SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND JAMEY CLARK, INC. FOR CERTIFIED PLAYGROUND SAFETY AUDIT THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter called"City," and Jamey Clark, Inc., hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of providing certified playground safety audits. B. Contractor represents that Contractor is able and willing to provide such services to the City. • C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit"A,"which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Michael Schmidt, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 25-15924/368897 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement, shall not exceed Thirty Thousand Dollars ($30,000.00) annually during the term of this Agreement b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence 3PAON, or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate two (2)years from Commencement Date, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans,Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 25-15924/368897 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 25-15924/368897 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00)per occurrence and a separate "Additional Insured Endorsement"page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required. 25-15924/368897 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such.event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment,the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 25-15924/368897 5 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign,transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment,transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent(as designated in Section 1 hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service,to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach Jamey Clark, Inc. Attn: Director of Comm. & Library Svs. Attn: Micheal Schmidt 2000 Main Street 23151 Alcalde Drive, Suite B4 Huntington Beach, CA 92648 Laguna Hills, CA 92653 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 25-15924/368897 6 21. Section Headings The titles, captions, section,paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this,Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement,the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive legal counsel for City; 25-15924/368897 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting,training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection,training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California,the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 25-15924/368897 8 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25-15924/368897 9 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a JAMEY CLARK, INC. municipal corporation of the State of California By: Mayor ma Print name ITS: (circle one)Chairmanl(President%) Afi Vice President �, City Clerk 5/�i/.�•'r� A By. INITIATED AND APPROVED: Print n._ e ITS: ci le one (. fi hief Financial Offic Asst. Secre ary-Treasurer Di ctor o om s ty & Library Services APPROVED AS TO FORM: City Attorney REVIEWED AND APPROVED: hi City Manage 25-15924/368897 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Perform Certified Playground Safety Audits , B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: • AUDIT: We will perform a Certified Playground Safety Audit on the playground. This will include an onsite audit of the play area, and the equipment found within the containment area. We will provide a written audit report along with digital pictures and recommendations as to repairs, maintenance needs and/or safety concerns. The Audit will be performed by a Certified Playground Safety Inspector in good standings with the National Playground Safety Institute, The National Recreation and Park Association and the California Park and Recreation Society and in accordance with ASTM 1847 and CPSC standards. The audit identifies the pieces that are on the playground, their current condition, and how they measure up to the current ASTM and CPSC standards. In addition, the surfacing and design of the play area are evaluated. The audit is the basis for the development of a master plan to provide for the maintenance and upkeep of the playground. The Audit provides a plan for repairing/replacing equipment and creates a system for continuously monitoring the safety of the play area. The Audit also prioritizes actions that may be needed. Audits only need be performed once on public access playgrounds and must be performed by a Certified Playground Safety Inspector. • IMPACT ATTENUATION TESTING: We will perform Impact Attenuation Testing on the fall zones that have sand as the impact attenuation safety surfacing as requested pursuant to the Playground Safety Reports for 2013. As Stated in the current CPSC and ASTM Standards sand is not a compliant impact attenuation surface for equipment with designated play surfaces greater than 48-inches high. Impact Attenuation Testing is necessary to ensure compliance with ASTM 1292, ASTM 1951, ASTM 2223, ASTM 1487 Standards and The CPSC Handbook. The Impact Attenuation Field Test shall be performed by a NPSI Certified Playground Safety Inspector, certified to administer the Triax 2010 drop test. The Field Test(s) shall include a printed report of the Impact Test(s) findings, printed photographs of the Field Test(s), the conditions at the time of the Field Test(s) and one (1) hour consultation time. Also, recommendations to mediate non-compliant impact attenuation surfacing conditions within the playgrounds fall zones; A Certification shall be issued for each playground in complete compliance with ASTM F-1292- 09 and ASTM F-2223-10. 25-15924/368897 11 C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 25-15924/368897 12 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONTRACTOR'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT B B. Billing 1. All billing shall be done monthly for services completed the prior month. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. CONTRACTOR shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include the number of citations written, complaints received, miles driven, or other mutually agreed upon details. 4. Upon request of CITY, CONTRACTOR shall submit the following: A) GPS Data B) Routes completed C) Complaint log 5. Upon submission of any such invoice, if CITY is satisfied that CONTRACTOR is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONTRACTOR in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONTRACTOR is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice 25-15924/368897 13 shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. C. Liquidated Damages Failure of CONTRACTOR to complete work in accordance with the terms and conditions of this contract will result in damages being sustained by CONTRACTOR. The following are cause for liquidated damages: 1. Missing scheduled sweeping days without providing prior notice to, and acknowledgement by, the Maintenance Operations Manager or authorized designee (including inclement weather). 2. Poor results. 3. Any failure or refusal by CONTRACTOR to perform in accordance with the terms of this contract. Upon the first occurrence of any of the foregoing acts, Contractor will be notified in writing by the City. Contractor shall respond within five (5) days with a written plan stating how compliance with the requirements of the agreement must be met. If there is a second occurrence of the same act by Contractor within a thirty-day (30) period, the City shall have the right to withhold payment of$500.00. Each separate and subsequent occurrence of the same act shall result in a liquidated damages charge in the amount of$500.00. 25-15924/368897 14 EXHIBIT B Quality + Commitment + Reliability "Play Safer with SafePark" Jamey Clark Inc. SafePark® Playground Services www.safepark.com 23151 Alcalde Drive, Suite B4— Laguna Hills, CA 92653 Phone 949/588-9692— Fax 949/588-9776—e-mail:jameyclarkinc@gmail.com Affiliates CACM, NPRA, NPSI, OPRA, CPRS, CPSI,ASTM, NPCAI, IPEMA Contractor's License#B-866453 DIR#10000803457 Certified Playground Inspector#55226-725 January 2025 EXPLANATION OF CHARGES • Playground equipment maintenance and repair-$95 per man hour(prevailing) plus materials. $72 per man hour(non-prevailing) plus materials. • Playground Inspection,Audit, and Safety Surface Impact Attenuation Testing $98 per man hour(prevailing) $72 per man hour(non-prevailing) AUDIT: We will perform a Certified Playground Safety Audit on the playground. This will include an onsite audit of the play area, and the equipment found within the containment area. We will provide a written audit report along with digital pictures and recommendations as to repairs, maintenance needs and/or safety concerns. The Audit will be performed by a Certified Playground Safety Inspector in good standings with the National Playground Safety Institute, The National Recreation and Park Association and the California Park and Recreation Society and in accordance with ASTM 1847 and CPSC standards. The audit identifies the pieces that are on the playground, their current condition, and how they measure up to the current ASTM and CPSC standards. In addition, the surfacing and design of the play area are evaluated. The audit is the basis for the development of a master plan to provide for the maintenance and upkeep of the playground. The Audit provides a plan for repairing/replacing equipment and creates a system for continuously monitoring the safety of the play area. The Audit also prioritizes actions that may be needed. Audits only need to be performed once on public access playgrounds and must be performed by a Certified Playground Safety Inspector. An approximate cost range for a playground Safety Audit is$750 into the thousands. INSPECTION: We will perform a one-time safety inspection on the playground play equipment. This will include an onsite inspection of the play area, and the equipment found within the containment area(s). We will provide a written inspection report along with digital pictures and recommendations as to repairs and/or safety concerns. The inspection will be performed by a Certified Playground Safety Inspector in good standings with the National Playground Safety Institute, The National Recreation and Park Association and the California Park and Recreation Society. Quality + Commitment + Reliability "Play Safer with SafePark" Page Two May 23, 2024 Rate Sheet The inspection provides playground owners/operators with information on the current condition of the existing equipment, the play area and identifies hazards and maintenance concerns. The inspection provides expert advice on the need for maintaining, repairing, and replacing equipment. The standard Inspection does not address the compliance of the equipment with the current ASTM and CPSC safety standards as does a detailed Playground Safety Audit. Inspections should be performed on a regular basis, according to each individual playground's needs. An approximate cost range for a playground Safety Inspection is$550 into the thousands. Impact Attenuation Testing: We will perform onsite Impact Attenuation Testing within the fall zones, as necessary to complete a compliant Impact Attenuation Report. This is necessary to ensure the fall zones are compliant with the Head Injury Criteria (1,000 HIC)'and the G Forces (200 GMax) as Stated in ASTM 1292,ASTM 1951,ASTM 2223, ASTM 1487 Standards and The CPSC Handbook, pursuant to California Law. NOTE: 70 to 75% of all playground injuries are caused by falls to the surface. The Impact Attenuation Field Testing shall be performed by a National Certified Playground Safety Inspector (NPSI), certified to administer the Triax2010 Drop Tests. The field test(s) shall include a printed report of the impact test(s)findings, printed photographs of the field test(s) and the conditions at the time of the Field Test(s). Also, recommendations to mediate non-compliant impact attenuation surfacing within the playground fall zones. The cost to perform Safety Surface Impact Attenuation Testing is based on many variables including, but not limited to age of surfacing, composition of the safety surface, amount of equipment, and amount of test. 1-5 tests$650 for the first test plus$400 for each additional test. 6-10 tests$600 for the first test plus$350 for each additional test. 11-15 tests$500 for the first test plus$300 for each additional test. 16-25 test$450 for the first test plus$250 for each additional test. 25 tests and above is a flat fee of$250 per test. Sincerely, / c tetee Michael Schmidt, Vice President Jamey Clark, Inc. (JCI) SafePark Services • /(1(...-) �, JAMECLA-02 JMANGOLD ACO,I?C 2 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 2/26/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER:THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the'certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL:INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Snapp&Associates Insurance Services PHONE FAX 3838.Camino Del Rio N.STE 310 (NC No,Exq:(699)908-3100 (NC,No) San Diego,CA 92108 Mass:Service@Snappins.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hamilton Select Insurance Inc INSURED INSURER B:Trisura Specialty Insurance Company 16188 Jamey Clark Inc DBA Safe Park INSURER C:Benchmark Insurance Company 41394 23151 Alcade Dr i/B4 INSURER D:Lloyd's of London 32727 Laguna Hills,CA 92653 INSURER E: . _ INSURER F: COVERAGES, CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AODL SUER POLICY EFF POLICY EXP. LTR TYPE OF INSURANCE INSpp_ POL_IC_Y_ NUMBER (MMIDD/YYYY) (MM(DD/YYYY) LIMITS. • A X COMMERCIAL GENERAL LIABILITY EACH.00CURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PCHS00066948 4/23/2024 4/23/2025 DAMAGE:TORENTED, 50,000 X PREMISES(Ea ocwrrerice) S MED EXP(Anyone person) $ 1,0011 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY( X I ECT I I LOG PRODUCTS-COMP/OP'AGG S 2,000,000 OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) S — ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED _ AUTOS ONLY _ AUTOS p Peg INJURY(Per accident) S AUTOS ONLY AU O ONLY (Pm acaOent,AMAGE S S B UMBRELLA LIAM X OCCUR EACH OCCURRENCE s 2,000,000 X EXCESS LIAB CLAIMS-MADE TXS000258500 7/2/2024 4/23/2025 AGGREGATE S 2,000;000 DEO RETENTIONS S C WORKERS COMPENSATION X STATUTE ST- AND EMPLOYERS'LIABILITY Y I N• 99WC0000132900 511/2024 5/1/2025 1,000,000 ANYPRRORP,REIETOWPARTN CUTIVE E.L.EACH ACCIDENT S (hand toryIllNH)EXCLUDED? NIA 1,000,000 NH) E.L.DISEASE-EA EMPLOYEE-S Eyes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S D Professional Liabili ANE526305324 10/28/2024 10/28/2025 Occ/Agg 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORO101,Additional Remarks Schedule,may be attached If more space Is requlred Re:Operations of the named insured subject to the terms;and conditions of the policy.City of Huntington Beat officers,elected or pint d ff iais, employees,agents and volunteers are named as additional insured On a primary noncontributory`basis per th o nTifi1tHil s of of cancellation,10•days notice of cancellation in the event of nonpayment of premium. By: MICHAEL J.VIGLIOTTA CITY ATTORNEY CITY OF-HUNTINGTON BEACH CERTIFICATE.HOLDER CANCELLATION • SHOULD.ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 5 ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AR CERTIFICATE OF LIABILITY INSURANCE DATE(MM,ODIYYY`) 01/30/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Insurance Partners, Inc. NAME:O Jessica Castillo 2200 W. Orangewood, Suite 100 (AICNNo.Ext): (714) 285-4800 I(FAc,No): E-MAIL Orange CA 92868 ADDRESS: Jessica@ insurancepartners.Cora INSURER(S)AFFORDING COVERAGE NAIC N INSURER A:United Financial Casualty Co 11770 INSURED INSURER B: Jamey Clark Inc DBA Safe Park INSURER C: 23151 Alcalde Dr Ste B4 INSURERD: Laguna Hills CA 92653 INSURERE: (949) 588-9692 INSURER F: COVERAGES JC CERTIFICATE NUMBER:Cert ID 26885 (6) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER IMMIODIYYYYI (MMIDONYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEDAMAGE TO RENTE $ CLAIMS•MADE OCCUR PREMISES Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO JECT LOC PRODUCTS-COMP(OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 A ANY AUTO Y 989139307 11/07/2024 05/07/2025 BODILY INJURY(Per person) $ OWNED x SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE x AUTOS ONLY X AUTOS ONLY (Per accident) UMBRELLAL1AB OCCUR EACH OCCURRENCE $ • EXCESS LIAB CLAIMS-MADE AGGREGATE $ 0E0 RETENTION S $ WORKERS COMPENSATION PER STATUTE ERH . AND EMPLOYERS'LIABILITY ANYPROPRIETOR,PARTNER/EXECUTIVE YIN NIA E.L.EACH ACCIDENT S OFFICER,MEMBEREXCLUDED? --"- (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ II yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ S S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as additional insureds CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 200 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 • POLICY NUMBER: PcHS00066948 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations City of Huntington Beach,its officers,elected or appointed' All locations for which you have agreed in a written and Officials,employees,agents and volunteers executed contract prior to an"occurrence" Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part,by: 1. Your acts or omissions;or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the 1. The insurance afforded to such additional injury or damage arises has been put to its intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law;and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 ©Insurance Services Office, Inc., 2018 Page.1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we • applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or Page 2 of 2 ©Insurance Services Office, Inc.,2018 CG 20 10 12 19 POLICY NUMBER:'PcHs0006694?; COMMERCIAL GENERAL LIABILITY CG2037121.9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description.Of.Completed Operations City of Huntington Beach,its officers,elected or appointed All locations for which you have agreed in a written and officials,employees,agents and volunteers .. executed contract prior to an"occurrence" Information required to complete this Schedule, if not shown above,will be shown in the.Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed-for that additional insured and included in the"products-completed operations hazard". 1. Required by the contract or agreement;or However: 2. Available under the applicable limits of 1. The insurance afforded to such .additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 3712 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 HAMILTON THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. we•. ..sw .1: , "4 RRimA , NDP10f 4C0NTRitigfORY Nstill.:a/ NCez;dt mD ITON This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS-COMPLETED OPERATIONS LIABILITY COVERAGE It is understood and agreed that the following is added to SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, item 4.Other Insurance,a.Primary Insurance: SCHEDULE Person(s)or Entity(ies): City of Huntington Beach,its officers,elected or appointed officials,employees, agents and volunteers Policy Number PCHS00066948 If no entry appears above,this endorsement applies to any person or entity that qualifies as an Additional Insured under this policy Primary and Noncontributory Insurance: This insurance is primary to and will not seek contribution from any other insurance available to any Person(s)or Entity(ies)shown in the SCHEDULE above you are required by written contract to add as an Additional Insured provided that: 1. The Additional Insured is a Named Insured under such other insurance;and 2. You have agreed by written contract that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. However,the insurance provided under this endorsement will not apply beyond the extent required by such contract. All other terms,conditions and exclusions remain unchanged. Page 1 of 1 HSC4111 (07/22) ° Hamilton Select Insurance Inc +c g PO BOX 5189 Glen Allen,VA,23058 � AIV�TLT•N THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY G >E 'AG C ANGE° Do SDI-..N `S«'p., vt � ,fir .� ...k w ss This endorsement modifies insurance provided under the following: ALL COVERAGE LINES It is understood and agreed that the following is added to the policy, Policy Number: PCHS00066948 Endorsement Number: 5 Insured: Jamey Clark Inc Effective Date of Endorsement: 02/24/2025 at 12:01AM at the address of the named insured Additional Premium: $400 Return Premium: $0 The following items on the Declarations Page are amended as.follows: [] Named Insured: [] Mailing Address: [] Policy Period: From: To: at 12:01 AM at the address of the named insured Cancellation or Reinstatement: ,. [] This Policy is cancelled effective: at 12:01AM at the address of the named insured [] This Policy is reinstated effective: at 12:01 AM at the address of the named insured Forms: [X] The following Endorsements are added to the Policy. CG2010-1219,CG2037-1219,HSC4111 [] The following Endorsements are deleted from the Policy: [] The following Endorsements are replaced on the Policy: Changes to coverage under the policy apply as of the Effective Date of Endorsement shown above,unless otherwise specifically addressed by endorsement.Please refer to the policy for how changes above may affect insurance coverage. NOTICE TO CALIFORNIA INSUREDS:For your protection,California law requires the following to appear on this form:Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. All other terms,conditions and exclusions remain unchanged. Additional Premium: $400.00 Stamping Fee: $ 0.72 State Tax: $ 12.00 Total: $412.72 AP2000(02/23) Page 1 of 1 Policy number:989139307 Form 2366(02/11)M_CL Blanket Additional Insured Endorsement This endorsement modifies insurance provided by the Commercial Auto Policy,Motor Truck Cargo Legal Liability Coverage Endorsement,and/or Commercial General Liability Coverage Endorsement,as appears on the declarations page.All terms and conditions of the policy apply unless modified by this endorsement. If you pay the fee for this Blanket Additional Insured Endorsement,we agree with you that any person or organization with whom you have executed a written agreement prior to any loss is added as an additional insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to such additional insured only as a person or organization liable for your operations and then only to the extent of that liability.This endorsement does not apply to acts,omissions, products,work, or operations of the additional insured. Regardless of the provisions of paragraph a.and b.of the"Other Insurance"clause of this policy,if the person or organization with whom you have executed a written agreement has other insurance under which it is the first named insured and that insurance also applies,then this insurance is primary to and non-contributory with that other insurance when the written contract or agreement between you and that person or organization,signed and executed by you before the bodily injury or property damage occurs and in effect during the policy period,requires this insurance to be primary and non- contributory. In no way does this endorsement waive the"Other Insurance"clause of the policy,nor make this policy primary to third parties hired by the insured to perform work for the insured or on the insured's behalf. ALL OTHER TERMS,LIMITS,AND PROVISIONS OF THE POLICY REMAIN UNCHANGED.